As used in these regulations, words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership, as well as an individual. The word "building" includes a structure and shall be construed as if followed by the phrase "or part thereof." The word "watercourse" includes channel, creek, ditch, drain, canal, dry run, spring and stream. The word "may" is permissive; the words "shall" and "will" are mandatory.

(Ord. No. 5-92, § 12.2, 8-25-92)

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises where such sign is displayed.

Abut means to physically touch or border upon, or to share a common property line.

Accessory apartment means a second dwelling unit, either in or added to, an existing single-family detached dwelling, or in a separate accessory building on the same lot as the main dwelling, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main dwelling.

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Adjacent to a protected environmentally sensitive zone means any location within 200 feet of the boundary of any protected environmentally sensitive zone, whether the location is on or off the development site.

Adverse effects means any modifications, alterations, or effects on waters, associated wetlands, or shorelands, including their quality, quantity, hydrology, surface area, species composition or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term includes secondary, cumulative and direct impacts.

Adversely affected person means any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including but not limited to interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities; educational facilities; health care facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

Advertising means a sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property.

Aesthetic fill means fill which is uncompacted, which does not increase the ground surface elevation for construction, and which is designed to shift freely under the impact of floodwaters; strictly cosmetic in use.

Aggregate sign area means the sum of all the square foot area of all sign faces of all signs on a parcel.

Alley means the right-of-way providing a secondary means of access and service to abutting property.

Alteration of building means any change in the supporting members of a building (such as bearing walls, columns, girders); any addition to a building; any change in use from that of one district classification to another; or of a building from one location to another.

Appeal means a request for a review of the planning commission's interpretation of any provision of this article or a request for a variance.

Aquifer means a groundwater bearing geologic formation, or formations, that contains sufficient saturated permeable material to yield significant quantities of groundwater.

Area of shallow flooding means a designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent chance of flooding in any given year. Also called the "100-year floodplain."

Arterial highways means signalized streets that serve primarily through traffic and provide access to abutting properties as a secondary function, having signal spacings of two miles or less and turning movements at intersections that usually do not exceed 20 percent of total traffic. Typical free flow speed for the arterial roadways in the town (Class I) is at least 35 miles per hour.

Associated wetland means any wetland that is adjacent or contiguous to waters, or which has a direct hydrologic connection to waters.

Banner sign means any characters, letters, illustrations or ornamentations applied to cloth, paper, plastic, vinyl or fabric of any kind.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Also called the "100-year flood."

Base flood elevation means the highest elevation of the level of floodwaters occurring in the base flood.

Basement means that portion of a building between floor and ceiling, which may be partly below and partly above grade.

Beneficial functions of a protected environmentally sensitive area means those functions, described in the conservation element of the comprehensive plan, that justify designating an area as environmentally sensitive.

Billboard means a outdoor advertising sign.

Block means a group or tier of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified.

Boardinghouse or roominghouse means any dwelling in which more than one persons either individually or as families are housed or lodged for hire with or without meals.

Boathouse means a dock structure with a roof covering the storage slip for a watercraft.

Buffer area means a specially designed protective area between a land use, development or activity and another land use, development or activity. The buffer area must provide the stated level of protection to the land use, development or activity through the installation or planting of an adequate composition of building materials or foliage.

Building means any structure built for shelter or enclosure for any occupancy or storage.

Building inspector means the building official that inspects construction underway for compliance with the building, electrical, plumbing and mechanical codes of the town.

Building official means the person authorized by the town commission to issue development permits.

Building permit means a permit issued by the building official only as authorized in the final development order that allows the commencement of construction of the structural aspects of a building or structure.

Building, principal. See Principal building.

Building setback line means a line across a lot, generally parallel to the street right-of-way line, or the side lot line, or the rear lot line, indicating the limit beyond which buildings may not be erected.

Building sign means an on-site exterior sign which is attached or affixed to the building to which the sign relates to; identifies occupant and/or service. See Figure 1 in article IX of this chapter.

Building wall frontage means the square area of the front facade of a building that faces a street, parking area or private drive.

Canopy sign means a sign which is suspended from, attached to, supported from or forms a part of a canopy.

Capture zone. See Zone of contribution.

Catwalk means a narrow walkway.

Centerline of street means that line surveyed and monumented by the governing body, or if such centerline has not been surveyed, it shall be that line running midway between the outside curbs or ditches of such street.

Certificate of occupancy means a document issued by the zoning official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable town codes and ordinances.

Certificate of use. See Certificate of occupancy.

Changeable copy sign means a sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign.

Clearing or land clearing means the removal of trees and brush from the land, not including the ordinary mowing of grass.

Climax successional state of natural vegetation means that stage in the ecological succession or evolution of a plant community which is stable and self-perpetuating. Types of forested climax vegetative communities in north-central Florida and which may be used to meet buffering requirements of this article include: sandhill (fire), xeric hammock, maritime hammock, slope forest, upland hardwood forest, upland mixed forest, upland pine forest (fire), prairie hammock, mesic flatwoods, scrubby flatwoods, hydric hammock, wet flatwoods, baygall, bottomland forest, floodplain forest, floodplain swamp, strand swamp, basin swamp, and dome swamp. These communities are as defined in Guide to the Natural Communities of Florida, Florida Natural Areas Inventory and Florida Department of Natural Resources, February 1990.

Closure permit means that permit required by activities which must cease operation pursuant to section 34-396, conditions of permitting and section 34-397, permit conditions.

Cluster buildings means the placement of buildings in a manner which concentrates buildings in a specific area on the site by allowing individual yard setback requirements to be waived so long as there exists a common open space which is equivalent to the sum of the normally required individual yard setbacks.

Code enforcement board means a board designated to enforce the provisions of this chapter that consists of members appointed by the town commission.

Code enforcement officer means a person designated by the town commission to enforce all provisions of this chapter and who reports solely to the code enforcement board. A code enforcement officer shall never be a member of the code enforcement board.

Collector street I and II (See Street or road) means a street with a right-of-way of at least 60 feet which, in addition to giving access to abutting properties, carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance street or streets of a residential development and streets for circulation within a development.

Commercial center means and is commonly known as a shopping center, or any group of commercial uses in building or units attached to one another with owners or tenants who operate separate commercial uses.

Commission means the town commission.

Completed application means an application which is part of a development permit application, which includes all materials and documents which are necessary to support the application and which has been accepted as complete by the town building official.

Concurrency means a condition where the facilities necessary to support development are in place and operational at the same time that development will use those facilities.

Cone of depression. See Zone of influence.

Conservation means the prudent use and protection or restoration of natural resources consistent with the continued functioning of the natural resources.

Convenience store means any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

Copy means the wording on a sign surface in either permanent or removable letter form.

Corner lot. See Lot.

Covenant means a written promise or pledge.

Crown means the main mass of branching of a plant above the ground.

Cul-de-sac means a street terminated at the end by a vehicular turnaround.

Culvert means a transverse drain that channels water under a bridge, street or driveway.

Density, gross means the number of residential dwelling units divided by the land area less public and private roadways and rights-of-way, in acres, on which the residential units are constructed.

Density, net means the number of residential dwelling units divided by net acreage.

Designated public utility means that public utility which has been designated by federal, state, regional or local law, regulation, resolution, rule, ordinance or requirement as having jurisdiction to provide potable water or domestic wastewater service to the property on which the nonresidential activity is located.

Developer means any person who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property.

Development or development activity mean the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. The following activities or uses shall be taken for the purposes of this chapter to involve development, as defined in this section:

(1)

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.

(2)

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

(3)

Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any coastal construction as defined in F.S. § 161.021.

(4)

Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.

(5)

Demolition of a structure.

(6)

Clearing of land as an adjunct of construction.

(7)

Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

The following operations or use shall not be taken for the purpose of this chapter to involve "development" as defined in this section:

(1)

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

(2)

Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like.

(3)

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

(4)

The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.

(5)

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes as long as the activity does not include erection of a structure.

(6)

A change in use of land or structure from a use with a class specified in an ordinance or rule to another use in the same class.

(7)

A change in the ownership or form of ownership of any parcel or structure.

(8)

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land.

Development, as designated in this chapter or a rule or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of the first paragraph of this definition.

Development order means an order granting, denying, or granting with conditions an application for approval of a development project or activity. A distinction is made between development order, which encompasses all orders and permits, and three distinct types of development orders: preliminary development order, final development order and development permit. See subparagraphs below.

Development permit means, for purposes of this chapter, that official town document which authorizes the commencement of construction or land alteration without need for further application and approval. Development permits include all types of construction permits (plumbing, electrical, foundation, mechanical in addition to the building permit itself), grading and clearing permits, septic tank system permits, tree removal permits, sign permits, etc.

Final development order means the final authorization of a development project, the authorization which must be granted prior to issuance of a development permit as defined for purposes of this chapter. The final development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, demolition, tree removal, plumbing, electrification, grading, etc. For purposes of this chapter the final development plan approval is the final development order.

Preliminary development order means any preliminary approval which does not authorize actual construction, mining, or alterations to land and/or structures. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual and conditional approvals where a series of sequential approvals are required before action authorizes commencement of construction or land alteration. For purposes of this chapter preliminary development orders include transmitted future land use map amendments, transmitted comprehensive plan amendments which affect land use or development standards, preliminary development plan approval, master plan approval (of planned unit development), rezonings, preliminary plat approvals and preliminary approval of individual development plans of planned unit developments.

Development plan, final means a set of documents, scale drawings, tables, and other information as required by section 34-40, submittal requirements of a development review application, and as stipulated in the preliminary development order. The final development plan is submitted after the preliminary development order and becomes the set of documents with stipulations that are referenced in the final development order.

Development plan, mixed use, or MXD plan means the document approving designation of MXD zoning and approving specific development of said mixed use development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of building, density of development, common open space, and public facilities.

Development plan, preliminary means a set of documents, scale drawings, tables, and other information as required by section 34-40, submittal requirements of a development review application, submitted for development review after a concept plan and prior to a final development plan.

Development review committee consists of the land use officer, the chair of the planning commission, the director of public works, and (when appropriate) the Inglis Police Chief, the town planning consultant and the town engineer. (Planning consultant and town engineer are staff to the development review committee not members.) The development review committee is an informal body facilitated by the land use officer to make staff recommendations to the planning commission regarding proposed development plans.

Diameter at breast height (DBH) means the diameter, in inches, at a height of 54 inches above the surface of the ground at the base of the plant or tree. In the case of a tree with multiple main stems, the diameter shall be the sum of the diameters of the stems.

Direct hydrological connection means a surface water connection which, under normal hydrological conditions, occurs on an average of 30 or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection.

Directional sign means:

(1)

A sign, permanently erected or permitted in the public right-of-way by the town, county, the state or other governmental agency to denote the name of any thoroughfare, the route to any city, town, village, educational institution, public building, historic place, shrine or hospital, to direct and regulate traffic, to denote any railroad crossing, bridge, ferry or other transportation or transmission company for the direction or safety of the public;

(2)

A sign, notice or symbol for the information of the Federal Aviation Agency as to locations, directions, landings and conditions, affecting safety in aviation.

Directory sign means a sign which displays the name and/or addresses of the establishments or uses of a building or group of buildings.

Discharge to groundwater means treated or untreated wastewater, stormwater leachate, leachate from a solid waste facility, or leaked product generated by the construction or operation of an installation, discharging directly or indirectly to groundwater.

Dock means a structure extending from the landward side of a shoreline toward and into the water whose purpose is to allow the mooring of watercraft and the embarkment and disembarkment of persons and goods from watercraft.

Double-faced sign means a sign with two faces which are usually but not necessarily parallel.

Dredge means excavation by any means in waters. It also means the excavation or creation of a waterbody which is, or is to be, connected with waters, directly or via an excavated water body or series of excavated water bodies.

Dripline means the outermost perimeter of the crown of a plant as projected vertically to the ground. See Figure 1 in article XI of this chapter.

Dwelling unit means a single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Easement means a strip of land intended for public or private utilities, drainage, sanitation or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Emergency hazardous situation means whenever there is an immediate and substantial danger to human health, safety, or welfare or to the environment.

Engineer means an engineer licensed by the state under F.S. ch. 471 and in good standing with the state board of professional engineers, and qualified to perform duties for a developer under the terms of this article. Where the term town engineer is used, this shall mean a qualified professional engineer licensed by the state and hired by the town.

Environmentally sensitive means environmental features prone to damage due to development and necessary for:

(1)

The protection of public health, safety, and welfare; and

(2)

The conservation of the natural environment.

EPA means the United States Environmental Protection Agency.

Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into existence or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of an advertising message or customary maintenance.

Excavation means a cavity formed by cutting, digging or scooping.

Existing activities means activities present in the zone of protection before the adoption of the ordinance from which this chapter derived, which upon adoption of the provisions of this chapter shall either cease, or be permitted with an operating permit and a general exemption or a special exemption.

Facade area means the area within a two-dimensional geometric figure coinciding with the edges of the walls, windows, doors, parapets, marquees, and roof slopes of greater than 45 degrees that form a side of a building or unit. See Figure 2 in article IX of this chapter.

Facility means the main structures, accessory structures and activities which store, handle, use or produce regulated substances; or, where contiguous facilities exist and such facilities are separate under this article.

Family means one or more persons occupying a dwelling and living as a single housekeeping unit.

FDEP means the Florida Department of Environmental Protection.

Fill means the placing, storing or dumping of any material such as earth, clay, sand, concrete, rubble or waste of any kind upon the surface of the ground. (See article VII of this chapter for special definition applying only to that article.)

Final development order. See Development order.

Final development plan. See Development plan.

Flag lot. See Lot.

Flat signs means a building sign erected parallel to and extending not more than 12 inches from the facade of any building to which it is attached and supported throughout its entire length by the facade of the building.

Flood or flooding mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters;

(2)

The unusual and rapid accumulation of runoff of surface waters from any source.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.

Flood insurance rate map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodplain, flood area or flood prone area mean and shall include any areas subject to inundation during the base flood as indicated on the town's flood hazard boundary map or flood insurance rate map as published by the Federal Emergency Management Agency.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Floor area ratio (FAR) means the gross floor area of a building or buildings on any lot divided by the lot area.

FLUM means the Future Land Use Map 1990-2000 of the adopted comprehensive plan of the town.

Front lot line. See Lot line.

Front yard. See Yard.

Frontage, building. See Building frontage.

Frontage, lot. See Lot.

General exemption means an exemption to obtaining an operating permit for certain uses and meeting a specific set of conditions specified in article VI of this chapter.

Generic substance list means those general categories of substances set forth in appendix A of article VI of this chapter. This list is a subset and part of the regulated substances.

Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

Ground cover means low growing plants planted in such a manner as to form a continuous cover over the ground, such as liriope, low growing varieties of honeysuckle, Confederate jasmine, English ivy, or like materials.

Ground signs means a sign which is supported by structures or supports in or upon the ground and independent of support from any building. See Figure 3 in article IX of this chapter.

Groundwater means water that fills all the unblocked voids of underlying material below the ground surface, which is the upper limit of saturation, or water which is held in the unsaturated zone by capillarity.

Group home means a group of individuals not related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit.

Hardship means limitations on a property created solely due the this chapter's application of nonuse regulations, in which the property owner can seek a variance if the property owner can establish that the chapter gives rise to a detriment amounting to virtual confiscation.

Hedge means a dense row of shrubs or low trees planted in such a manner as to offer a visual barrier.

Heavy equipment storage area means a vehicle storage area for mechanized equipment used by contractors (or lessors of vehicles or equipment) that are used in construction processes.

Height of sign means the vertical distance measured from the adjacent average crown of the road to the top of the sign face or sign structure, whichever is greater. See Figure 4 in article IX of this chapter.

Historic tree means a tree that has been designated by the town as one of notable historical interest and value to the town because of its location or historical association with the community.

Home occupation means an accessory use of a dwelling unit for gainful employment conducted only by members of a family residing on the premises, which is clearly incidental and subordinate to the use of the dwelling unit as a residence, and conducted entirely within the dwelling, and does not change or alter the exterior character or appearance of the dwelling, and is created and operated as a sole proprietorship.

Horizontal projecting signs means a building sign at any angle from the outside wall or walls of any building and which has its greatest dimension in a horizontal plane.

Illegal sign means a sign that was constructed in violation of regulations that existed at the time it was built.

Illuminated sign means any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as part of the sign proper, or as may be remotely controlled.

Impervious means incapable of being penetrated, as by moisture.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious surfaces such as compacted limestone or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

Impoundment, auto and personal property means a place where autos and other personal property is held intact (i.e., as recovered) as evidence for law enforcement, judicial or insurance investigation proceedings or due to abandonment. The recovery or sale of parts or items, or retention of items held in an impoundment area for longer than one year, shall constitute prima facie use as a junkyard.

Improvement means any manmade, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Industrial (park) center means a large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.

Interior lot. See Lot.

Junkyard means a parcel of land on which waste material or inoperative vehicles and other machinery are collected, stored, crushed or compressed, salvaged and sold. The presence on any lot or parcel of land of two motor vehicles or inoperative pieces of equipment, which, for a period exceeding 30 days, have not been capable of operating under their own power or capable of being used in their normal capacity, and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of a junkyard.

Laboratory means a designated area or areas used for testing, research, experimentation, quality control or prototype construction, but not used for repair or maintenance activities (excluding laboratory equipment), the manufacturing of products for sale or pilot plant testing.

Land surveyor means a land surveyor registered under F.S. ch. 472 who is in good standing with the state board of professional engineers and land surveyors.

Level of service means, according to the Florida Administrative Code, "an indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (F.A.C. 90-5.003(41)).

The 1985 Highway Capacity Manual (National Research Council, 1985:11-4) defines level of service standard C for the arterial class of roadways as follows:

Level of Service C represents stable operations. However, ability to maneuver and change lanes in midblock locations may be more restricted than in level of service B, and longer queues and/or adverse signal coordination may contribute to lower average travel speeds of about 50 percent of the average free flow speed for the arterial class. Motorists will experience an appreciable tension while driving.

Lineal descendant means a person in the direct line of descent such as a child or grandchild as contrasted with a collateral descendant such as a niece.

Lineal descendant subdivision. See Subdivision.

Local I street. See Street or road.

Local II street. See Street or road.

Lot means a parcel, piece, tract, or plot of land occupied, or capable of being occupied, or designed to be occupied by one building or use and the accessory buildings or uses customarily incident to it including such open spaces as required by this chapter. A lot shall include all lots of record included in such piece, parcel, tract or plot of land and all lots otherwise designated.

Area means the area of horizontal plane bounded by the vertical planes through front, side and rear lot lines.

Corner means a lot abutting on and at the intersection of two or more streets. See Figure 1.

Coverage is determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the area of that lot.

Depth means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.

Flag means a lot, usually of a panhandle shape, with less frontage on a public street than is normally required. The panhandle is an access corridor to the lot, and/or similarly shaped abutting lots. See Figure 1.

Frontage means the length of that part of a zoning lot that fronts a public street.

Interior means a lot other than a corner lot. See Figure 1.

Through means a lot that has a pair of opposite lot lines along two streets, and which is not a corner lot. See Figure 1.

Width means, if the side property lines are parallel, the shortest distance between these side lines; or if the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines. See Figure 1.

Lot line means any line dividing one lot from another.

Front means, on an interior lot, the lot line abutting a street; or, on a corner lot the shorter lot line abutting a street; or, on a through lot, the lot line abutting the street providing the primary access to the lot; or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. See Figure 1.

Rear means the rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. See Figure 1.

Side means any boundary of a lot that is not a front or rear lot line. On a corner lot, a side lot line may be a street lot line. See Figure 1.

LOT BOUNDARIES AND TYPES OF LOTS

Source: A Survey of Zoning Definitions, American Planning Association, 1989.

Lot of record means, for a lot that is part of a subdivision, the plat of which subdivision has been recorded in the office of the clerk of the circuit court of the county, or any parcel of land, whether or not part of a subdivision, that has been officially recorded by a deed in the office of the clerk, provided such lot was of a size that met the minimum dimensions of lots in the district in which it was located at the time of recording or was recorded prior to the effective date of zoning in the area where the lot is located.

Lowest floor means the lowest floor of the lowest enclosed areas (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a buildings's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of article VII of this chapter.

Maintain means the general servicing and upkeep in a safe and attractive condition.

Manufactured building means a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating or other service systems manufactured in manufacturing facilities for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage and industrial structures. This definition does not apply to mobile homes. Manufactured building may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site for installation, or assembly and installation, on the building site.

Manufactured home. See Manufactured housing.

Manufactured home (housing) park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufactured housing means a factory-built, single-family structure that is manufactured under the authority of 42 USC Section 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

Manufactured housing park means a parcel of land under single ownership that has been planned and improved for the placement of manufactured housing for dwelling purposes and in this article is also referred to as a mobile home park.

Marquee sign means a building sign attached to a marquee or walkway such as located in shopping centers. Signs attached to or hung from a marquee shall be completely within the borderline of the marquee outer edge.

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Minor replat means the subdivision of a single lot or parcel of land into two lots or parcels, or the subdivision of a parcel into two or more lots solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where there are no provisions in this Code requiring roadway improvements, drainage improvements or other required improvements, and where the resultant lots comply with the standards of this chapter.

Mixed use development:

(1)

Means a concept which requires land to be under unified control, planned and developed as a whole in a single development or approved, programmed series of developments for dwelling units and related commercial uses and facilities;

(2)

Means a plan which, when adopted, becomes an addendum to the land development regulations for the land to which it is applied;

(3)

Includes principal and accessory structures substantially related to the character of the development itself and the surrounding area of which it is a part; and

(4)

Means a concept which, when implemented, allows for development according to detailed plans which include not only streets, utilities, building sites, parking, landscaping and the like, but also site plans for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses, and improvements on the land as related to the buildings.

Mobile home means any type of trailer or vehicle body, built prior to June 15, 1976, the effective date of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, designed for use as a residence regardless of appurtenances, additional or other modification thereto, without independent motive power, manufactured upon an integral chassis or undercarriage with chassis or underlying wheels thereto. This shall include homes which are assembled from two or more units, providing that the units meet the requirements of this definition.

Mobile home park. See Manufactured housing park.

Modular home. See Manufactured building.

Monument means permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.

Moving sign means any sign that flashes, moves, revolves, blows in the wind, blinks or emits sound.

Multifamily residence means a dwelling or group of dwellings on one plot containing separate living units for two or more families; but which may have joint services or facilities or both.

Municipality means any incorporated city or town.

NGVD means National Geodetic Vertical Datum.

National Geodetic Vertical Datum (NGVD) means, as corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.

Net acre means that upland area within a contiguous parcel(s) of ownership excluding existing or proposed public and private roadways, rights-of-way and vehicular accessways.

Net acreage means the upland area within a contiguous parcel (or parcels) of ownership excluding any existing or proposed public and private roadways, rights-of-way and vehicular accessways.

New activities means activities not in existence at the time of adoption of this chapter but which are proposing to occur in the zone of protection or are subject to development review processes of article II of this chapter.

New construction means structures for which the "start of construction" commenced on or after the effective date of the ordinance from which this chapter derived.

New discharge, for the purpose of groundwater protection and the zone of protection, means a discharge from a new installation, or a discharge from a facility for which a permit is required, but where discharge is significantly different from the permit conditions as of the effective date of the zone of protection classification for the chemical, microbiological, physical quality, quantity, or point of discharge, and is causing a negative impact on groundwater.

New installation, for the purpose of groundwater protection and the zone of protection, means facilities that are located in areas receiving groundwater protection both within and outside of the zone of protection that have neither filed a complete permit application nor have received an appropriate permit prior to the effective date of classification.

Nonconforming sign means any sign, legal at the time of its erection, which does not conform to the requirements of this chapter. An illegal sign is not a nonconforming sign.

Nonconforming structure (or building) means a structure which existed lawfully at the date of enactment of this article that could not be built under this Land Development Code by reasons of restrictions on area, lot coverage, height, yards, location on the lot or requirements other than use of the structure.

Nonconforming use means a use of land existing at the time of enactment of this article, and which does not conform to the use regulations of the district or zone in which it is situated. (For the purposes of this article, a mobile home located in a district where such is not permitted shall be considered a nonconforming use. However, a mobile home located in a conforming district that does not meet setback or density requirements for the district shall be considered a nonconforming structure.)

Nonresidential activity means any activity which occurs in any building, structure or open area which is not used primarily as a private residence or dwelling.

Notice means legal written notification sent by certified mail or hand delivered to the property and/or the last known address of the owner/agent of subject property.

Nursing or convalescent home means any dwelling in which aged, chronically ill or incurable persons are housed and furnished with meals and nursing care for compensation.

Open interval of a well means the uncased or screened length of the well within the saturated zone of an aquifer.

Open space means an unoccupied space open to the sky and not covered by structures, or pavement, on the same lot with the building, or in the case of a planned development, or development with multiple buildings on an undivided parcel of land, the unoccupied space open to the sky and not covered by structures or pavement. In all cases open space may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas and watercourses. Open space shall not be deemed to include driveways, parking lots or other surfaces designed or intended for motorized vehicle travel.

Operating permit means the permit required for wellfield and groundwater protection for certain activities and which are set forth under article VI of this chapter.

Outdoor advertising sign means a permanent ground sign, which is not an accessory sign, that is supported either by a single metallic pole, multiple poles or structural supports of another material, attached to which is a sign face which is greater than 128 square feet in size.

Owner means a person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Painted wall sign means a building sign painted on an outside wall of any building, including murals and drawings.

Parapet means a vertical false front or wall extension above the roof line of a building.

Parasite sign means a secondary sign hung or supported from another sign when it is not attached as an integral part thereof or directly related thereto.

Parcel means a unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this chapter or lead to absurd results, a "parcel" may be as designated for a particular site by the planning commission.

Park means a tract of land designated and used by the public for active and passive recreation activities.

Pave means to cover over the surface of a parking lot, etc., as with concrete, asphalt, brick or paving blocks.

Pendant sign means an auxiliary or supplementary sign permanently affixed to another and supplementing the main sign. Those signs are used to indicate vacancy, air conditioned, credit card accepted, open house, etc.

Permanent control point (PCP) means a secondary horizontal control monument and shall be a metal marker with the point of reference marked thereon or a four-inch by four-inch concrete monument a minimum of 18 inches long with the point of reference marked thereon. Permanent control points shall bear the registration number of the surveyor filing the plat of record.

Permanent reference monument (PRM) means a metal rod a minimum of 18 inches long or a 1½-inch minimum diameter metal pipe a minimum of 18 inches long, either of which shall be encased in a solid block of concrete or set in a natural bedrock, a minimum of six inches in diameter, and extending a minimum of 18 inches below the top of the monument, or a concrete monument four-inches by four-inches, a minimum of 18 inches long, with the point of reference marked thereon. A metal cap marker, with the point of reference marked thereon, shall bear the registration number of the surveyor certifying the plat of record, and the permanent reference monument shall be placed in the top of the monument.

Permanent window sign. See Window sign.

Person means any natural person, individual, public or private corporation, firm, association, joint venture, partnership, local government, governmental agency, political subdivision, public officer, owner, lessee, tenant or any other entity whatsoever or any combination of such, jointly or severally.

Plat means a map or delineated representation of the subdivision of lands, being a complete and exact representation of the subdivision and other information in compliance with the requirements of all applicable sections of this chapter and of any other ordinances of the town and may include the terms "replat," "amended plat," or "revised plat."

Political sign means a temporary sign identifying and urging voter support for, or opposition to, a particular referendum, issue, political party, or candidate for public office. Political signs may not contain advertising.

Pollutant means any substance, contaminant, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Portable sign means any sign which is manifestly designed to be transported by trailer or on its own wheels, including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an A or T frame sign and attached temporarily or permanently to the ground.

Potable water means water that is intended for drinking, culinary or domestic purposes, subject to compliance with county, state or federal drinking water standards.

Prefabricated home. See Manufactured building.

Preliminary development order. See Development order.

Preliminary development plan. See Development plan, preliminary.

Principal building means a building in which is conducted the main or principal use of the lot on which such building is situated. In a residential district, any dwelling shall be deemed to be the principal building on the lot on which the same is situated. An attached carport, shed, garage or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependant, totally or in part, on the principal building, shall comprise a part of the principal building and be subject to all regulations applicable to the principal building. A detached and structurally independent garage, carport or other structure conforming as an accessory building may be attached to the principal building by an open breezeway not in excess of six feet in width and 15 feet in length which may or may not be enclosed on one or both sides, including louvers, lattices or screening, and shall cause the entire structure to be construed as the principal building and shall be subject to the regulations applicable to the principal building.

Principal use means the main use of land or structures, as distinguished from a secondary or accessory use.

Projecting sign means any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall.

Protected environmentally sensitive zone means an environmentally sensitive area depicted on an environmentally sensitive areas map in either the support documentation or adopted portion of the town's comprehensive plan, so defined and designated for protection because of the presence of wetlands, sinkholes, and natural drainage features.

Protected trees means these plant species, with the following common names, of the dimension designated or greater, as measured at 54 inches above the original grade:

*In addition, all palms with at least 4½ feet of clear trunk between the ground level and the lowest branch are declared to be protected trees.

Public community drinking water supply means those community water systems as defined in F.A.C. 62-550.200(10).

Public space means all municipal, county, state, and federal street and alley right-of-way lines and property.

Public utility means any privately-owned, municipally-owned, county-owned, special district-owned, or state-owned system providing water or domestic wastewater service to the public which has at least 15 service connections or regularly serves at least 25 individuals daily for at least 60 days of the year.

Public water system means a system that provides piped water to the public for human consumption, if it has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Such terms include: (i) any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system; and (ii) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system is a community water system, a noncommunity water system, or a nontransient noncommunity water system.

Real estate sign means any temporary sign erected to advertise the sale, lease or rental of real estate on which the sign is located.

Rear lot line. See Lot line.

Rear yard. See Yard.

Recreational vehicle means a unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. This definition includes the following items as defined by F.S. § 320.01: travel trailer (includes a "fifth-wheel travel trailer"), camping trailer, truck camper, motor home, private motor coach, and van conversion.

Regulated substances means those deleterious substances, contaminants, priority pollutants (in accordance with F.A.C. 62-550), and potable water quality primary and secondary standards parameters (in accordance with F.A.C. 62-550, part III, and appendix A and E) which, because of quality, concentration, physical, chemical (including ignitability, corrosivity, reactiveness, synergistic, and toxicity), or infectious characteristics, radioactivity, mutagenicity, carcinogenicity, teratogenicity, bioaccumulative effect, persistence (nondegradability) in nature, or any other characteristic, may cause significant harm to human health and environment (including surface water and groundwater, plants, and animals).

Right-of-way means land dedicated, deeded, used, or to be used, for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purposes by the public, certain designated individuals, or others.

Roof sign means an exterior sign that is erected, constructed or maintained on or above the roof or rooflines of any building.

Sandwich sign means a moveable sign not secured or attached to the ground or any building or structure and which is self-supporting.

Seasonal/holiday sign means a sign used for emphasizing the celebration of an historic holiday, which is erected for a limited period of time.

Service station means a full- or self-service gasoline refueling station which includes facilities to conduct lube and oil changes for automobiles.

Setback. See Building setback line or Sign setback.

Setback line means the distance from the line or the road right-of-way or easement, whichever is lesser, to the nearest point of a building, excluding uncovered porches. In the case of lots bisected by frontage roads, the setback shall be measured as extending the full width of the lot and situated between the frontage road right-of-way nearest the building and the line of the building as projected to the side lines of the lot.

Shopping center means a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

Shrub means any self-supporting woody evergreen and/or flowering species.

Side lot line. See Lot line.

Side yard. See Yard.

Sign means any structure, part thereof, or device attached thereto or painted or represented thereon or any material or thing, illuminated or otherwise, which displays or includes the following: any numeral, letter, word, model, banner, emblem, insignia, device, trademark, or other representation used as, or in the nature of, an announcement, advertisement, direction or designation, enterprise or industry, which is located upon any land, or any building, in or upon a window in such manner as to attract attention from outside the building. A sign consists of two elements, (i) a support structure and (ii) a message surface area.

Sign area means the square foot area enclosed by the perimeter of the sign face with each face contributing to the aggregate sign area.

Sign area, aggregate. See Aggregate sign area.

Sign erectors means all individuals, firms or corporations engaged in the construction, reconstruction, or erection of any sign, and shall include the owner or lessee of the property upon which such sign shall be erected.

Sign face means the part of the sign that is the entire area within the parallelogram, triangle, circle or semicircle that encompasses all the elements of the sign that are or can be used to identify, advertise, communicate information or for visual representation which attracts the attention of the public for any purpose. "Sign face" includes any background material, panel, trim, color and direct or self-illumination used that differentiates the sign from the building, structure, backdrop surface or object upon which or against which it is placed. The sign face area of signs painted directly on walls, signs where the sign face is bisected in the same plane (see Figure 7 in article IX of this chapter), or signs formed by letters attached directly to walls, shall be calculated by projecting a square or rectangle around the outside of all elements of the sign. The entire area of internally lighted panels is to be used in the calculation of allowable sign face area, regardless of the presence of any symbols on the lighted portion of the panel. The sign structure shall not be included as a portion of the sign face provided that no message, symbol or any of the aforementioned sign face criteria are displayed on or are designed as part of the sign structure. See Figures 6 through 8 in article IX of this chapter.

Sign, outdoor advertising. See Outdoor advertising sign.

Sign setback means the distance between a property line or right-of-way line and the edge of a sign which is nearest to the property line or right-of-way line. See Figure 5 in article IX of this chapter.

Sign structure means the structure that supports sign or parts thereof.

Sign, window. See Window sign.

Sign writers means any individuals, firms, or corporations, engaged in the painting or application of signs on windows, doors, walls, awnings, etc. (Where no structural work is done.)

Significant adverse effect means any modification, alteration, or effect upon a protected environmentally sensitive area which measurably reduces that area's beneficial functions of the following: conservation and protection of surface water and groundwater quality and quantity; preservation of protected species of flora and fauna; or prevention of flood hazards, as delineated in the conservation element of the town comprehensive plan.

Sinkhole means a hole formed in soluble rock by the action of water, serving to conduct surface water to an underground passage.

Snipe sign means a sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

Solid waste means any garbage, refuse, sludge, and any other discarded material, solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operation, and from community activities. (42 U.S.C. 6903(14)).

Solid waste facility means a structure or system designed for the processing or disposal of solid wastes. These facilities include resource recovery, recycling plants, incinerators, and landfills.

Special exception means a use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permissible in a zoning district as a special exception if specific provision for such a special exception is made in these land development regulations. Each special exception is a unique and binding commitment between the applicant and the town that does not establish any precedent due to the specific, unique considerations within each case. (For the procedure in securing approval of special exceptions, see article XV.)

Special exemption means an exemption granted to nonresidential uses or activities located in a zone of protection at the time of adoption of this chapter, if those uses or activities comply with the conditions specified for special exemption in article VI of this chapter.

Specimen tree means a tree that has been officially designated by the town upon the advice of the county forester to be of high value because of its type, site, age or other relevant criteria.

Spill means the unpermitted release or escape of a regulated substance directly or indirectly to soils, surface waters or groundwater.

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Public Law 97-348),) means the date the first development permit is issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first development on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

State plane coordinates means the system of plane coordinates as defined in F.S. § 177.031(19). State plane coordinates may be used to define or designate the position of points on the surface of the earth in accordance with F.S. § 177.151.

Stormwater means the flow of water which results from rainfall.

Street or road shall be construed to include street, road, highway, alley, parkway, viaduct, circle, court, terrace, place, or other similar designations, or cul-de-sac, or other way intended for travel by the general public whether improved or unimproved, but shall not include those accessways such as easements and rights-of-way intended for limited utility purposes such as for electric power lines, gas lines, telephone lines, water lines, sanitary sewers or other such uses, and shall not include easements for ingress and egress as provided for by article III of this chapter.

Collector street I and II means a street with a right-of-way which, in addition to giving access to abutting properties, carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance street or streets of a residential development and streets for circulation within a development.

Local collector means surface streets providing land access and traffic circulation service within residential, commercial, and industrial areas. Local collectors may be major or minor.

Local street I means a minor street parallel to and adjacent to arterial streets or highways and which provides access to abutting property and protection from through traffic. A marginal access street may also be called a frontage road.

Local street II means a street used primarily for access to abutting properties and not for through traffic with a right-of-way of at least 60 feet.

Major arterial means a street or highway used primarily for fast and heavy traffic traveling considerable distance with a width of right-of-way of 150 feet or more.

Secondary arterial or section line road means a street or highway used primarily for through traffic with a width of right-of-way of at least 100 feet, being 50 feet either side of a section line.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground. See article VII of this chapter for a special definition applying only to that article.

Subdivision means the platting of real property into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

Lineal descendant subdivision means a subdivision conveying parcels to lineal descendants solely for the purpose of providing the lineal descendants with a place to live.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either (i) before the improvement or repair is started, or (ii) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Survey data means all information shown on the face of a plat that would delineate the physical boundaries of the subdivision and any parts thereof.

Surveying data means:

P.C.—Point of curvature: The point where a tangent circular curve begins.

P.C.C.—Point of compound curvature: The point where two circular curves have a common point of tangency, the curves lying on the same side of the common tangent.

P.R.C.—Point of reverse curvature: The point where two circular curves have a common point of tangency, the curves lying on opposite sides of the common tangent.

P.T.—Point of tangency: The point where a circular curve ends and becomes tangent.

Swing signs means any exterior building sign projecting from an angle on the outside wall or walls of any building which sign is suspended from a projecting structure in such a manner that the sign itself or any part thereof is not attached to the building or wall directly but is allowed to swing from the structure to which it is attached.

Temporary sign means any sign, banner, or advertising display not of a permanent or stationary construction and not permanently attached to a building, the ground or other structures, not including decorative displays for holidays or other town-wide celebrations, or, which is used by the town to meet statutory requirements for notification of official public meetings.

Temporary window sign. See Window sign.

Through lot. See Lot.

Tourist home means a dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

Town clerk means the clerk employed by the town commission to keep the official records of the town.

Town commission means the government of the town consisting of a mayor to hold office for a term of two years, and five members to hold office for a term of two years.

Town engineer means a certified professional engineer hired to consult by the town in the town's interest.

Traditional or standard construction home means any building designed for use as a residence which meets the requirements of the Standard Building Code, and which is neither a manufactured home, mobile home, modular building nor prefabricated home.

Traffic direction/safety sign means a sign which is on premises and is designed and erected solely for the purpose of vehicular or pedestrian traffic direction or safety. The traffic direction/safety sign does not exceed three square feet in the background area and with its maximum height at four feet above the ground.

Tree means any self-supporting woody plant of a species which normally grows to an overall height of a minimum of 15 feet and having an average mature spread of crown greater than 15 feet in the north-central growing area of the state.

Tree protection zone means a circular zone around each protected tree defined as follows:

(1)

If the dripline is less than six feet from the trunk of the tree, the zone shall be that area within a radius of six feet around the tree trunk.

(2)

If the dripline is more than six feet from the trunk of the tree, but less than 20 feet, the zone shall be that area within a radius of the full dripline around the tree.

(3)

If the dripline is 20 feet or more from the trunk of the tree, the zone shall be that area within a radius of 20 feet around the tree trunk.

Underground facilities for transportation of wastewater of industrial chemical products means underground facilities for transportation of waste effluent of industrial chemical products include piping, sewer lines, and ducts or other conveyances designed to transport industrial pollutants as defined in F.S. § 376.301(12), and contaminants as defined in F.S. § 403.031(1).

Underground storage facility means any enclosed structure, container, tank or other enclosed stationary devices used for storage or containment of pollutants as defined in F. S. § 376.301(12), or any contaminant as defined in F.S. § 403.031(1). Nothing in this subsection is intended to include septic tanks, enclosed transformers or other similar enclosed underground facilities.

Upland means land elevated above surrounding land; the higher ground. The opposite of a wetland.

Used parts sales and storage means a place used to store used parts and to sell used parts for sale to the public. Recovery of used parts does not occur on the premises. Used parts storage is distinguished from a junkyard or salvage yard in that the used parts are stored by kind and are not stored as part of the host vehicle or equipment from which they are salvaged.

Utility means any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead.

Vadose means the unsaturated subsurface zones.

Variance means a waiver of the provisions of these regulations, granted by the planning commission in accordance with article XII of this chapter.

Vehicle sign means any sign affixed to a vehicle, trailer or boat that is parked on a public right-of-way, public beach, public property or private property so as to be clearly visible from a public right-of-way, whose primary purpose is to provide advertisement of products conveying messages or directing people to a business or activity located on the same or nearby property or any other premises.

Vehicle use area means an area used for circulation, parking, and/or display of motorized vehicles, except junk, automobile salvage yards or automobile impoundment areas.

Vertical projection signs means any exterior building signs other than flat signs, which project at an angle from the wall or walls of any building and which has its greatest dimension in the vertical plane.

Vista means a view as seen through a long avenue or passage, as between rows of trees, houses, or the like.

Water or waters means, but is not limited to, water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, streams, rivers, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground.

Water body means any natural or artificial pond, lake, reservoir or other area with a discernible shoreline which ordinarily or intermittently contains water.

Water surface elevation means the height in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas or of a waterbody.

Water table means the surface between the vadose zone and the groundwater, that surface of a body of unconfined groundwater at which the pressure is equal to that of the atmosphere.

Watercourse means any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, banks or other discernible boundary.

Water's edge and wetland's edge mean the water's or wetland's edge and shall be determined by whichever of the following indices yields the most landward extent of waters or wetlands:

(1)

The boundary established by the average annual high water mark;

(2)

The landward boundary of hydric soils; or

(3)

The landward boundary of wetland vegetation, based on the wetland vegetation index for submerged and transitional species found in F.A.C. 62-301.400.

Well means a pit or hole sunk into the earth to reach a resource of potable supply, such as water, to be used for domestic purposes by municipalities. Irrigation wells and privately-owned wells for domestic consumption are not included in this definition for wellfield protection.

Wellfield means an area of land which contains one or more well(s) for obtaining water.

Wetland means lands transitional between terrestrial and aquatic systems characterized by soils saturated or inundated by water, identified in the conservation element as wetlands.

Window sign, permanent means any sign which is painted on, applied to, attached to or projected upon or within the exterior or interior of a building glass area, including doors; or located within 15 feet of the interior of a building glass area, including doors; or any interior illuminated signs, whose identification, message, symbol, insignia, visual representation, logotype or any other form which communicates information, can be read from off-premises contiguous property or public right-of-way.

Window sign, temporary means a window sign of a temporary nature used to direct attention to the sale of merchandise, or a change in the status of the business, including but not limited to signs for sales, specials, going out of business and grand openings.

Yard means a space on the same lot with a principal building open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.

Front yard means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the front line of the lot and the front line of the building projected to the side lines of the lot.

Rear yard means an open space, unoccupied, except by an accessory building, on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and rear line of the building projected to side lines of the lot.

Side yard means an open, unoccupied space on the same lot with a principal building, situated between the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Zero lot line building means a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

Zone of contribution means the area surrounding a well which encompasses all areas or features that actually supply groundwater recharge to the well. It includes all parts of an aquifer from which groundwater will eventually reach a pumping well, from the upgradient groundwater divide or null point to the downgradient line beyond which the well cannot defeat gravity and pull the water back. Also known as the capture zone.

Zone of influence means the area encompassing that part of an aquifer where the water table (for unconfined aquifers) or potentiometric surface (for confined aquifers) is drawn down or influenced by the pumping well. Also known as a cone of depression.

Zone of protection means an area defined by a circular boundary that is 300-foot radius from the wellhead or, the total area contributing water to a well (zone of contribution) under a given set of circumstances. This total area contributing water to a well may change over time in response to changes in the water table or potentiometric surface, well pumpage and other withdrawals in the vicinity.

Zone of protection map means the zone of protection map drawn at a scale of one inch equals 200 feet showing the location on the ground of the outer limits of the zone of protection for present and future public potable water supply wells and wellfields. This zone is described in article VI of this chapter.

Zoning lot means a lot or group of lots that meets the minimum lot dimensions for development as required by article IV of this chapter.

(Ord. No. 5-92, § 12.3, 8-25-92; Ord. No. 9-93, § 1, 5-11-93; Ord. No. 03-02, § 1, 9-9-02; Ord. No. 05-04, § 1(Att. A), 4-13-04; Ord. No. 03-05, § 1(Att. A), 6-14-05; Ord. No. 08-07, § 1(Att. A), 12-11-07; Ord. No. 05-09, § 1, 9-8-09; Ord. No. 10-11(Att. A), 1-10-12; Ord. No. 01-13, § 1(Att. A), 6-11-13; Ord. No. 02-14, Att. A, 2-10-14)

Cross reference— Definitions generally, § 1-2.